How the General Equal Treatment Act (AGG) makes life difficult for applicants: The madness of ordered anti-discrimination



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We are moved by the idea to make the world of work more human - without constant pressure for efficiency, stress and fear. As Publisher Best of HR - Berufebilder.de® with podcast, eLearning-on-demand offers and news service we share 15 years of experience with our customers (Samsung, Otto, state institutions). By the Top20 female blogger and consultant Simone Janson, referenced in ARD, ZEIT, Wikipedia .
Reprint: This text is from the book "Das Jobinterviewknackerbuch: Cool bleiben - Kompetenz zeigen - K.O.-Kriterien kennen. Was Personaler nie verraten würden (2012)" by Florian Vollmers, published at Campus Verlag, and was left to us for reprint.
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Application processes are becoming more and more unclear: those who have jobs to give, more and more often shut up and keep silent, why he wants to win who for which jobs. There is a reason for this: the General Equal Treatment Act (AGG) - an expression of a trend toward prescribed equal treatment and hysterical anti-discrimination will drive absurd flowers in the application process.

How the General Equal Treatment Act (AGG) makes life difficult for applicants: The madness of ordered anti-discrimination job descriptions

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Here writes for you: Florian Vollmers is a freelance journalist for FAZ, Handelsblatt or FTD. Profile

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Ossi discrimination

Overview

Candidates have to torture themselves through endless procedures, even though the job advertised internally has long been taken. And they are sitting face to face with petrified smile, claiming that "everyone has the same chances with us" and not sticking with the reasons why you are in the same place Casting no progress. Although that would be a help ...

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An extraordinary dispute before the regional court of Stuttgart caused 2010 to look into German personnel departments: one applicant had not been invited to the interview and had subsequently sued a window builder for discrimination.

The reason: The woman from East Germany had received with the cancellation of the employer their application folder with the post. The words "OSSI" were written in bold letters on the documents - next to them was a thick minus sign.

The General Equal Treatment Act - naked idiocy?

Overview

In her claim for damages, the attorney of the rejected applicant appealed to the General Equal Treatment Act (AGG) - a law that has decisively changed the work of the staff and their dealings with candidates in talks in recent years.

In 2006 the AGG entered into force. Prior to this, discussions had been taking place for many years, because its effectiveness in practice was, to put it cautiously, controversial. Specifically, the AGG considers the AGG to be naked. They even think that it hurts applicants. Why?

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Theory and Practice of the The General Equal Treatment Act

Overview

Let us first look at the precise wording of the General Equal Treatment Act: "The aim is to prevent or eliminate discrimination based on racial or ethnic origin, sex, religion or belief, disability, age or sexual identity. "

In practice, this has the consequence, among other things, that in job advertisements it is concealed whether one wishes for a woman or a man for the job to be filled. There is no information on age or what you have to physically do to get a job done.

The fear of burning his mouth

Overview

So as not to burn your mouth, employers say: "Everyone has the same opportunities!". We know that this is an AGG white lie. Because in the end they are picking out exactly those applicants who want them.

When researching our book, a HR manager told me in conversation that it was clear in advance, of course, "This job can only be done by one woman!" Or "A man will do good to this corporate department!" But she would never publicly admit these considerations , However, the decision often falls by gender or the age of an applicant.

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Curious experiences

Overview

Unfriendly rejections or no reactions, curious job interviews undecided employer: Annette Gerlach knows them all from their own experience, the curious situations in the job search. The Diplom-Betriebswirtin and personnel officer wrote at their best times eight to ten applications per week, across Germany.

And remembers successes. For example, that job interview that only lasted 27 minutes. At first, she was little convinced of the conversation: "The HR Manager just ticked the questions through and I talked the whole time," reports Gerlach. "At first one wonders why you actually drove 565 kilometers!"

Then when the positive feedback came, the applicant was surprised: she was in the application process a round weiter.Man must just, so their conclusion, always wait and see what comes. "Personnel often value a conversation better than you do!"

Always wondering

Overview

Annette Gerlach often wondered enough. She once worked for four days for rehearsal at a local authority, for a position as a job coach: "But nobody could tell me whether the job is free at all."

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At the end, the HR specialist, unnerved, withdrew her application. At the beginning of September, the job had been advertised again. She had another job interview in a DB lounge: "You have to deal with the background noise as a candidate," she says. And a few days ago, Gerlach received back documents - from a two-year-old application.

Do not take it personally

Overview

But the business economist tries not to take the negative experiences personally: "Personnel are only human - and often only small cogs in the company," knows Gerlach through her experience from the other side of the desk. Often, they just do not have enough time to handle the large number of applications appropriately. Or too little influence on the job policy in the company.

However, she admits that many colleagues tend to be closed-minded or show no appreciation to applicants - for example, by looking for candidates with a fake profile in online networks. "As a result, applicants as a person do not feel taken seriously and demotivated," warns Gerlach. Finally, this would mean that companies would be rated negatively on relevant websites.

Open dialogue between staff and applicants

Overview

Annette Gerlach is therefore open to dialogue between applicants and staff: she tweets and blogs about her application experience. Since 2005 she looks after the group "Arbeitslos na und !? Do not make yourself smaller than you are "in the online network Xing.

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She has already found a job through Xing. The companies reacted mixedly to their online activities: "The more conservative colleagues warn me to be too open," reports Gerlach. Many others, however, find their involvement absolutely great. "And those are probably the companies that suit me."


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  1. Samuel

    I have already had so many terrible application situations behind me, so thanks for this really very nice and detailed article. And once again perfect in time.

  2. Pingback: Formulate the cancellation correctly - avoid anger - Personal-Wissen.de

  3. regensburg jobs

    Equal Treatment Act # Acquisition: Advantage or disadvantage? Part 1: #Prof

  4. Augsburg jobs

    Equal Treatment Act # Acquisition: Advantage or disadvantage? Part 1: #Prof

  5. Julius

    Hello dear bloggers,

    both the one and the other way are not effective for me. Discrimination is a matter of course in personnel selection. I would like to get to know a leader who has rejected the most likable person because another person was better qualified.

    I would leave the candidate the choice to get honest feedback, preferably with a signed promise to waive any complaints. It is really depressing to get formalized letters all the time, despite a very good university degree and sufficient professional experience, and can not develop mainly because you never know which qualifications are missing.

    Meanwhile, I would sign everything to finally get feedback. You get bored with the time and the ego does not understand it because you were rejected at jobs where you were very likely to be the best candidate (the other jobs, where you would be a career changer, do not hurt so much Cancellation). It is even better to be invited to participate in the discussion, because you have such good qualifications and have to be formally invited, only to fail shortly before the end of the counter-candidate, who has already known since the beginning.

    But always high the turnip, Germany needs absolutely qualified forces, at least you can hear it on the television.

    Julius

    • Simone Janson

      Hi Julius,
      thanks, you bring the problem to the point: Both with and without AGG is difficult. And right, of the lack of honesty, no one has anything. As for that with the qualified forces, I do not want to take the courage, but ...

      As a solution, I recommend only: Develop your own idea and get started. Only courage!

  6. Florian Vollmers

    Dear Oligo,
    the key question is whether one can enforce equality by law or whether that is not a counter-productive approach. Simone Janson is quite right when she says: Only education on a social level can help. What matters to me in my article: Legal constraints do not help us as long as the decision makers do not have the willingness to implement the much-vaunted "diversity" into action. Which is at least a result of our research in the human resources departments: Initiatives like the AGG are more likely to make it easier for candidates to understand the process of hiring more than before the AGG was introduced. Well-meaning recommendations such as "your professional experience does not suit our job" or "you are still too young for the position advertised" or, in extreme cases, "put something else on next time" are hushed up - and that does not help anyone even one step continue. In other words, it is about clear statements, about honesty, about an open relationship with each other, which is prevented by the AGG. The fact that employers can discriminate, however, is another matter. What I want to show with this article: As an applicant, you have to understand the background of a hiring process as much as possible in order to avoid harm to yourself ...

  7. oligo

    "When researching our book, a HR manager told me in conversation that it was clear in advance, of course," This job can only be done by one woman! "Or" A man will do good to this corporate department! "But she would publicly admit these considerations never."

    Anyone who makes arbitrary and non-success- ful criteria for appointing a position is to blame. Stupidity can not be forbidden.

    As an applicant you have the right to be fairly and objectively treated when applying. Of course that's still not the case - that's what it was before the AGG came along, but neither. Meanwhile, however, one has the opportunity to sue, whereby the company then has to prove an objective selection.

    The AGG has also led to the fact that some companies and also administrations have changed their recruitment process.

    "" The AGG damages applicants. Because we can not give them honest feedback. ""
    Achso, so something honest like: "I'm sorry, you are a Muslim / a woman / too fat / too ugly ...." You can also refrain. Have those personnel ever thought that their amateurishly stupid rating no one seriously interested?

    • Simone Janson

      Hello Oligo,
      Thanks for the comment. This is precisely the question, whether the situation with or without AGG is better. With AGG, since you are right, you can at least still complain. There is then, as in the case outlined, some money in the best case (see 2 part of the article - there was a comparison) and the satisfaction of being able to defend them.
      You do not get the job, maybe it's not recommended: Do you want to have a job that you have to sue?
      Which brings me to the heart of the matter: The real problem, the discrimination in the mind can not be prevented by law, but only socially. Because so is also discriminated against AGG further: Last year with a personnel consultant, who confessed to me that he had no problems with it, to sort out foreigners, if so desired. That blew me away too.

      So what is better: AGG, can complain, but hypocrisy? Or no AGG but at least an honest feedback?

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